P. v. Ruiz
Defendants Miguel Angel Ruiz (Ruiz) and Juana Rodriguez Garcia (Garcia) were charged by separate informations with felony possession of cocaine for sale (Health & Saf. Code, 11351) and misdemeanor child endangerment (Pen. Code, 273a, subd. (b)). Ruiz was also charged with felony possession of heroin (Health & Saf. Code, 11350 subd. (a)). Garcia filed a motion to set aside her information pursuant to sections 995 and 739. The court granted the motion as to the charged violation of section 273a, subdivision (b), but denied the motion as to the charged violation of Health and Safety Code section 11351. Ruiz filed a motion to suppress evidence pursuant to section 1538.5 based upon violations of the knock-notice rule of section 1531. The trial court granted Garcias request to join in Ruizs motion. The trial court subsequently granted the motion to suppress and then dismissed all counts against Ruiz and Garcia pursuant to section 1385.
The People appeal the superior courts dismissal order pursuant to section 1238, subdivision (a)(7). The People contend that the police in this case did not violate the knock-notice rule. Further, they contend that, even if there was a violation of the knock-notice rule, the evidence was improperly suppressed.
Court find that there was no knock notice violation and that, even if there was, the evidence should not have been suppressed. Accordingly, Court reverse the order of dismissal and remand the matter to the trial court with directions to deny the motion to suppress.
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